To receive as a correct record the minutes of
Cabinet held on Tuesday, 12 February 2019 (previously
circulated).

Minutes:

The minutes of the meeting held
on Tuesday 12 February 2019 were approved as a correct
record.

92.

Items of Urgent Business Authorised by the Leader

To consider any such items authorised by the
Leader and to consider where in the agenda the item(s) are to be
considered.

Minutes:

The Chairman advised that there were no items
of urgent business.

93.

Declarations of Interest

To receive declarations by Members of interests in
respect of items on this Agenda.

Members are reminded that, in accordance with the
Localism Act 2011, they are required to declare any disclosable
pecuniary interests which have not already been declared in the
Council’s Register of Interests. (It is a criminal offence
not to declare a disclosable pecuniary interest either in the
Register or at the meeting).

Whilst not a legal requirement, in accordance with
Council Procedure Rule 9 and in the interests of clarity and
transparency, Members should declare any disclosable pecuniary
interests which they have already declared in the Register, at this
point in the meeting.

In accordance with Part B Section 2 of the Code
Of Conduct, Members are required to
declare the existence and nature of any other interests as defined
in paragraphs 8(1) or 9(2) of the Code of Conduct.

Minutes:

Councillor Whitehead declared a
non-prejudicial interest with regard to Agenda Item 11 in view of
her being a patron of the Dukes.

94.

Public Speaking

To consider any such requests received in
accordance with the approved procedure.

Minutes:

Members were advised that there
had been no requests to speak at the meeting in accordance with
Cabinet’s agreed procedure.

Cabinet received a report from
the Director of Economic Growth and Regeneration, which sought
approval for the Wray-with-Botton
Neighbourhood Plan to proceed to referendum at the earliest
possible opportunity.

The options, options analysis,
including risk assessment and officer
preferred option, were set out in the report as
follows:

Option 1:Accept the
modifications of the Examiner, issue a
decision statement to this effect and approve the Neighbourhood
Plan to go forward to referendum.

Option 2:Reject some
of the modifications of the Examiner and delegate authority to the
Planning Manager to publish the decision.

Option 3:
Reject all of the modifications of the Examiner.

Advantages

This would be to the
benefit of adopting localism within the district, enabling
communities to shape their area. It would enable the community as a
whole to decide if the plan should be sued by
the Council for determining planning
applications.

That the plan could be prepared in line with (or closer in line
with) the original intentions of the Neighbourhood Plan sub
group.

None known. Rejection of
all the modifications would mean rejection of the plan on the basis
that the Council could not be satisfied that the Plan could met the
basic conditions required by Schedule 4B Town and Country Planning
Act 1990.

Disadvantages

None known

Officers and the
Neighbourhood Plan sub group have agreed the modifications are
acceptable and that the plan is suitable to be the subject of a
referendum.

Rejecting modifications
may remove clarity, factual correctness or compatibility with other
local authority plans or policies. It could also lead to the Basic
Conditions requirement not being
met.

Rejecting modification
will require further consideration by officers as to the
suitability of the plan and further consideration by
Council.

The Neighbourhood Plan
would not be made.

Risks

None known

Removal of some of the
modification may lead to the Plan not meeting the basic conditions
and to the ultimate decision that the plan should not be
progressed.

Removal of some of the
Examiner’s recommendations may also create ambiguity and
uncertainty in the application of the Plan. This could lead to
legal challenge and difficulty in the application of planning
policy to planning decisions.

The Plan, with the
Examiners’ recommendations, is agreeable to the Neighbourhood
group. To reject the Plan by not accepting the modifications could
be suggest to public law challenge.

The preferred option is Option 1. Given the level of work
undertaken by the Neighbourhood Plan Sub Group alongside the
extensive consultation that took place prior to the Examination of
the plan it is considered that subject to the outcome of the
referendum that it is the will of the community of the Parish of
Wray-with-Botton for a neighbourhood
plan to be prepared. The independent Examiner has scrutinised the
plan in making an assessment as to whether it meets the Basic
Conditions and subject to modification is of the view that the plan
is ready to proceed to ...
view the full minutes text for item 95.

Cabinet received a report from
the Director of Economic Growth and Regeneration, which sought
approval of the Arts and Culture Policy for
consultation. The policy framework was
designed to provide a means by which the Council’s support
for arts and culture could be evaluated against corporate
priorities and key quality criteria.

The options, options analysis,
including risk assessment and officer preferred option, were set
out in the report as follows:

Continuing
without a policy in place offers no identified benefits. The lack
of policy risks public funds being used to promote activities that
either do not provide value for money or offer no material benefit.
Introducing a policy based on evidence will ensure fairness and
consistency in terms of allocation of funds and resources and will
align the delivery of services with the Council’s
priorities.

The officer preferred option is to agree the draft Arts and
Culture Policy for consultation.

Councillor Clifford
proposed, seconded by Councillor Hanson:-

“That the
recommendation, as set out in the report, be
approved.”

Councillors then voted:-

Resolved unanimously:

(1)
That the draft Arts and Culture Policy be approved for
consultation.

Officer responsible for effecting the decision:

Director of Economic Growth and
Regeneration

Reasons for making the decision:

The City Council invests and
uses its resources to support arts and culture in the
district. The decision will enable the
Council to establish the arrangements necessary to ensure the best
possible results from its contributions in a way that is fair and
transparent.

97.

Exclusion of the Press and Public

This is to give further notice in accordance with Part 2,
paragraph 5 (4) and 5 (5) of the Local Authorities (Executive
Arrangements) (Meetings and Access to Information) (England)
Regulations 2012 of the intention to take the following items in
private if it becomes necessary to refer to the exempt appendices
within Agenda items 9 and 10.

Agenda item 11 is fully exempt.

Cabinet is
recommended to pass the following recommendation in relation
to the following items:-

“That, in accordance with Section
100A(4) of the Local Government Act, 1972, the press and public be
excluded from the meeting for the following item(s) of business, on
the grounds that they could involve the possible disclosure of
exempt information as defined in paragraph 3 of Schedule 12A of
that Act.”

Members are
reminded that, whilst the following item(s) have been marked as
exempt, it is for Cabinet itself to decide whether or not to
consider each of them in private or in public. In making the decision, Members should consider
the relevant paragraph of Schedule 12A of the Local Government Act
1972, and also whether the public interest in maintaining the
exemption outweighs the public interest in disclosing the
information. In considering their
discretion Members should also be mindful of the advice of Council
Officers.

Minutes:

It was moved by Councillor Hughes and seconded by Councillor
Pattison:-

“That, in
accordance with Section 100A(4) of the Local Government Act 1972,
the press and public be excluded from the meeting for the following
items of business, on the grounds that it could involve the
possible disclosure of exempt information as defined in paragraph 3
of Schedule 12A of that Act.”

Members then voted as
follows:-

Resolved unanimously:

(1)
That, in
accordance with Section 100A(4) of the Local Government Act 1972,
the press and public be excluded from the meeting for the following
items of business, on the grounds that it could involve the
possible disclosure of exempt information as defined in paragraph 3
of Schedule 12A of that Act.

Cabinet received a report from
the Director of Economic Growth and Regeneration to report on the
terms agreed in relation to disposal of land at the former Shell
ICI site and as required under the Cabinet agreement to the
disposal dated 12 February 2013.

Whilst the report was public,
Appendices B & C were exempt from publication by virtue of
paragraph 3 of Schedule 12A of the Local Government Act
1972.

The options, options analysis,
including risk assessment and officer
preferred option, were set out in the report as
follows:

Option
1: proceed
with the legal completion of the transaction with Lancaster
Power

Option
2:do not
proceed with the transaction to Lancaster Power

Advantages

Opportunity for the
council to receive a capital receipt.

Accords with the
councils’ corporate objectives and stated aims for the
regeneration and growth of the Heysham
gateway area

The potential to
pursue other opportunities in relation to the site

Disadvantages

The loss of
opportunity to pursue other opportunities in relation to the
site.

Lost opportunity
for capital receipt

Ongoing liability
for this parcel of land

Possibility of
legal challenge by not adhering to the terms of the legally binding
option agreement between the parties

Risks

None specifically
identified

Strong probability
of legal action against council and a possible direction to pay
compensation

The officer preferred option is
Option 1 as it accords with the legal obligations contained within
the option agreement between the parties.

·It retains ‘surplus’ land for future
alternative uses.

·It secures the councils future position as to
compliance with S123 of the Local Government act and provides the
ability to ‘control’ the nature of uses across the
Heysham Gateway area.

·The proposed use accords with the Councils stated
development aspirations for the area as outlined in the emerging
local plan and Heysham Gateway Vision
Document.

Councillor Hanson proposed, seconded by
Councillor Clifford:-

“That the recommendations, as set out in
the report, be approved.”

Councillors then voted:-

Resolved unanimously:

(1) That the terms
of sale be agreed, following exercise of the Option to purchase a
lease by Clifton Marsh Power (now trading as Lancaster Power) and
Lancaster City Council arising from an agreement dated
30th July 2014.

(2) That delegated
authority to complete the transaction be granted to the Director of
Economic Growth and Regeneration.

Officer responsible for effecting the decision:

Director for Economic Growth
and Regeneration

Reasons for making the decision:

The proposal supports the Councils Corporate plan, local Plan
and Vison document for the area, in its priority of economic growth
and key themes of environmental sustainability and effective
management of the Councils resources. The transaction will provide
a certain capital receipt to the council, allow the redevelopment
of this brownfield site for energy related uses, attract valuable
inward investment into the district, create immediate jobs during
the construction phase and a lesser number of long terms jobs
during the plants operational phase. It concludes the
council’s original decision to dispose of ...
view the full minutes text for item 98.

Cabinet received a report from
the Director of Economic Growth and Regeneration, to approve a
grant application to fund the pre-development costs to support a
community led development being brought forward by Halton Senior Co-Housing Group Ltd.

The options, options analysis,
including risk assessment and officer preferred option, were set
out in the report as follows:

Option 1:Approve the
grant funding

Option 2:Do not
approve the grant funding

Advantages

The grant will enable the community group to advance their
proposals and get to a point where they have a deliverable
scheme. The principle of a scheme of
this type being supported has already been established through
pre-application advice which was positive.

The group have already been directly involved in the original
Co-Housing Scheme and have the skills and experience to bring this
project to fruition.

It will increase the housing options for older people providing
a full range of tenures and help balance housing
markets.

It will encourage other community groups to take projects
forward.

The units will achieve Passivhaus
standards.

The council can demonstrate to MHCLG/Homes England the funding
has been used for the purpose it was intended.

The funding could be used to support other projects.

Disadvantages

The funding could be spent on other projects.

It will not deliver a community led scheme or any of the
associated benefits.

If the group were to seek funding through Homes England, their
bid may be unsuccessful at a point where the council has
unallocated Community Housing Fund reserves.

The outstanding matters outlined in Appendix 1 will remain
unresolved

Risks

There is always uncertainty with any development that it will be
viable, deliverable and will obtain planning permission which could
result in abortive costs. However,
pre-application planning advice has been positive. The group will be required to enter into an
option agreement on the land before any grant is paid, this should
be minimised. The grant payments will
also be made in phased payments, again to reduce the risk of
abortive costs being incurred.

Loss of opportunity

Other than the grant payment, there are no further risks upon
the council.

Reputational damage

The officer
preferred option is Option 1.

Whilst
recognising the level of grant required to fund the pre-development
costs is considerable, in construction
terms this represents a small proportion of the overall scheme
costs.Halton Senior Co-Housing Limited is already
positioning itself to take this scheme forward, and has obtained an
in principle approval for the necessary development finance to fund
the project.

Councillor Warriner proposed, seconded by
Councillor Hughes:-

“That recommendations (1) and (2), as
set out in the report, be approved with the following revision to
recommendation (3):

·That the Section 151 Officer be
authorised to update the General Fund Revenue Budget to reflect any
decision taken under recommendation 1 to be funded from the Revenue
Grants Unapplied, and subject to the Section 151 Officer being
satisfied on appropriate grant conditions being provided or agreed
and there ...
view the full minutes text for item 99.

Cabinet received an exempt
report from the Director of Economic Growth and Regeneration to
determine the Council’s position with regard to the Dukes new
business model. The report was exempt from publication by virtue of
paragraph 3 of Schedule 12A of the Local Government Act
1972.

The options, options analysis,
including risk assessment and officer
preferred option, were set out in the exempt
report.

Councillor Clifford
proposed, seconded by Councillor Pattison:-

“That the recommendations, as set out in
the exempt report, be approved.”

Councillors then voted:-

Councillor Whitehead having declared a non prejudicial interest
in view of her being a patron of the Dukes, did not take part in
the discussions or vote.

(1)
That support measures that could potentially be used to support the
development and delivery of the Dukes new business plan, as
detailed in the exempt report, be approved.

(2) That support
for the Dukes is approved, in principle,
with final decisions to be delegated to the Director for Economic
Growth and Regeneration, in consultation with the Portfolio Holder.
Any funding or service support is subject to the fiduciary duty of
the statutory officers and reasonable conditions to protect the
Council’s investment.

(3) That the
current annual grant to the Dukes is maintained at its current
level for 2019/20, noting that future funding is subject to review
as part of the usual annual budget processes.

Officer responsible for effecting the decision:

Director of Economic Growth and
Regeneration

Reasons for making the decision:

Culture and the services
delivered by the Dukes directly contribute to the Council Plan
under a Thriving and Prosperous Economy and Health and Happy
Communities.A
number of cultural organisations in the country are currently
facing financial challenges as public funding reduces and it is
clear that protecting and developing cultural services, and all of
the outcomes that they deliver, will require solutions that go
beyond simple public funding. The focus
of the Dukes, working with ACE and the Council has been to tackle
the current difficulties but in a way that will allow the Dukes to
develop its role and programme again in the future, with a focus on
the many benefits that can be delivered
for this area and its communities.